{"id":"alj-H204763-2025-01-22","awcc_number":"H204763","decision_date":"2025-01-22","opinion_type":"alj","claimant_name":"Kirklin Thompson","employer_name":"Den Tex Central Inc. D/b/a Denny’s Corporation","title":"THOMPSON VS. DEN TEX CENTRAL INC. d/b/a DENNY’S CORPORATION AWCC# H204763 January 22, 2025","outcome":"dismissed","outcome_keywords":["dismissed:8"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/THOMPSON_KIRKLIN_H204763_20250122.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"THOMPSON_KIRKLIN_H204763_20250122.pdf","text_length":3377,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H204763 \nKIRKLIN V. THOMPSON, EMPLOYEE      CLAIMANT \n \nDEN TEX CENTRAL INC.  \nd/b/a DENNY’S CORPORATION, EMPLOYER   RESPONDENT \n \nWESCO INSURANCE COMPANY, CARRIER/ \nAMTRUST NORTH AMERICA, TPA     RESPONDENT \n            \nOPINION FILED JANUARY 22, 2025 \nHearing before Administrative Law Judge James D. Kennedy in Little Rock, \nArkansas on January 14, 2025. \nClaimant is represented by Malcolm A. Simmions, Little Rock, Arkansas. \nRespondents are represented by their attorney, William C. Frye of North Little \nRock, Arkansas. \n \nSTATEMENT OF THE CASE \n A hearing was held in the above styled matter on January 14, 2025, in Little Rock, \nArkansas, on  respondent’s  Motion  to  Dismiss  for failure  to  prosecute  pursuant  to \nArkansas Code Ann. 11-9-702 and Rule 099.13 of the Arkansas Workers’ Compensation \nAct. The claimant waived his right to appearance through his attorney by an email dated \nJanuary 8, 2025, and did not appear at the time of the hearing. A full hearing had been \nheld on the 5\nth\n day of December, 2023, where the claimant contended that he was entitled \nto temporary partial disability that had started on or about May 1, 2022 and ran up through \nthe  end  of  January  and  possibly  longer,  along  with  additional  medical  benefits,  plus \nattorney fees. An opinion was issued on February 13, 2024, holding that the claimant was \nentitled  to  permanent  partial  disability  benefits  of  $3,213.08  less  what  he  had  already \nreceived, and the applicable attorney fees as spelled out by the Arkansas Workers’ \nCompensation Commission. It was also found that the claimant had failed to satisfy the \n\nKirklin V. Thompson – H204763 \nrequired  burden  of  proof  that  he was  entitled  to  additional  medical  by  the  respondent.  \nThe last action taken in this matter was the Opinion that was issued on February 13, 2024.  \nSince  the  time of  the above-mentioned opinion,  the  claimant  has  been  represented  by \nmultiple attorneys and the records provide that the claimant was represented by Malcolm \nA. Simmons at the time of the hearing regarding the Motion to Dismiss on January 14, \n2025.  \n A Motion to Dismiss was filed by the respondents in this matter and appropriate \nnotice was provided to the claimant notifying him that a hearing on the Motion to Dismiss \nwas  set  for January  14,  2024,  in Little  Rock,  Arkansas. The claimant’s representative \nnotified that Commission that the claimant did not wish to proceed with his objection to \nthe Motion to Dismiss. At the time of the hearing, William C. Frye appeared on behalf of \nthe Respondents and asked that the matter be dismissed for lack of prosecution. \n After a review of the record as a whole, to include all evidence properly before the \nCommission,  and  having  an  opportunity  to  hear  the  statements  of  the  attorney  for  the \nRespondents, it is found that this matter should be dismissed without prejudice, for failure \nto  prosecute  pursuant  to  A.C.A.  11-9-702 and Rule 099.13 of the Arkansas Workers’ \nCompensation Act. \nORDER \n Pursuant to the above statement of the case, there is no alternative but to dismiss \nthis claim in its entirety, without prejudice, for failure to prosecute. \n      ____________________________ \n       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H204763 KIRKLIN V. THOMPSON, EMPLOYEE CLAIMANT DEN TEX CENTRAL INC. d/b/a DENNY’S CORPORATION, EMPLOYER RESPONDENT WESCO INSURANCE COMPANY, CARRIER/ AMTRUST NORTH AMERICA, TPA RESPONDENT OPINION FILED JANUARY 22, 2025 Hearing before Administrative Law Judge...","fetched_at":"2026-05-19T22:44:34.606Z","links":{"html":"/opinions/alj-H204763-2025-01-22","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/THOMPSON_KIRKLIN_H204763_20250122.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}